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Report No. 89

Chapter 36

Articles 68 To 71: Suits Relating To Movable Property

36.1. Article 68.- Article 68 reads as unde.-

"68. For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion.

Three years.

When the person having the right to possession of the property first learn in whose possession it is."

This corresponds to the first part of an Article 48 of the Act of 1908. the second part of that article forms part of present Article 91(a). Article 48of that Act is reproduced below:-

"48. For specific movable property lost or acquired by theft, or dishonest misappropriation or conversion or for wrongfully taking or detaining the same.

Three years.

When the person having the right to the possession of the property first learns in whose possession it is."

Article 48 and 49 of the Act of 1877 were as under:-

"48. For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion, or for compensation for wrongfully taking or detaining the same.

Three years.

When the person having the right to the possession of the property first learns in whose possession it is.
49. For other specific movable property or for compensation for wrongfully taking or injuring or wrongfully detaining the same.

Three years.

When the property is wrongfully taking or injured, or when the detainer's possession becomes unlawful."

Articles 26, 33,34,35,47,48 of the Act of 1871 were as under:-

"26. For taking or damaging movable property.

One years.

When the taking or damage occurs.
33. For wrongfully detaining title deeds.

Two years.

When the title of the property comprised din the deeds I adjudges to the plaintiff, or the detainer's possession otherwise becomes unlawful.
34. For wrongfully detaining any other movable property.

Two years.

When the detainer's possession becomes unlawfully.
35. For specific recovery of movable property in case in not provided for by this Schedule numbers 48 of 49.

Two years.

When the property is demanded and refused.
47. For lost movable property not dishonestly misappropriation or converted.

Three years.

When the property is demanded and refused.
48. For movable property acquired by theft, extortion, cheating, or dishonest misappropriation or conversion.

Three years.

Ditto."

36.2. Law Commission's Report.- The Law Commission, in its Report1 on the Act of 1908, recommended that in respect of Article 48, the period of 3 years might be retained, but the date of accrual of cause of action should be made the starting point of limitation. In the present Act, Article 48 of the 1908 Act has been split up.

1. Law Comission of India, 3rd Report (Limitation Act, 1908), para. 121.

36.3. No change needed.- Some case law has gathered around the expression "movable property" as occurring in the article. However, this is a term of art and we do not wish to change the same. We would not therefore recommend any change in the article.

36.4. Article 69.- Article 69 reads as unde.-

"69. For other specific movable property.

Three years.

When the property is wrongfully taken."
This corresponds to the first part of Article 49 of the Act of 1908. [The second part of that article part of present Article 91(b)]. The whole article was as under:-
"49. For other specific movable property or for compensation for wrongfully taking or injuring or wrongfully detaining the same.

Three years.

When the property is wrongfully taken or injured or when the detainer's possession becomes unlawful."

Article 49 of the Act of 1877 was identical terms.

Article 26, 33, 34, 35, 47 and 48 of the Act of 1871 read as under:-

"26. For taking or damaging movable property.

One years.

When the taking or damage occurs.
33. For wrongfully detaining titles deeds

Two years.

When the title to the property comprised in the deeds is adjudged to the plaintiff, or the detainer's possession otherwise becomes unlawful.
34. For wrongfully detaining title deeds.

Two years.

When the possession becomes unlawfully.
35. For specific recovery of movable property in cases not provided for by this schedule number 48 and 49.

Two years.

When the property is demanded and refused.
47. For lost movable property not dishonestly misappropriated or converted.

Three years.

When the property is demanded and refused.
48. For movable property acquired by theft, extortion, cheating or dishonest misappropriation or conversion.

Three years.

Ditto."

No change is needed in the article.



The Limitation Act, 1963 Back




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